British authorities being sued by a prominent republican are trying to
hide behind private court hearings in a bid to prevent evidence being
revealed.

A lawyer for Belfast man Terry McCafferty (left) also questioned the fairness
of a secretive process from which his legal representatives will be
excluded.

Mr McCafferty is taking legal action against the British Direct Ruler
Theresa Villiers for being interned based on intelligence alleging he
was an IRA leader.

Although now back out of prison once again, Mr McCafferty is suing for unlawful detention.

The British government is seeking a secret court, or ‘Closed Material
Procedure’ (CMP), in the case, along with others, due to what it says
are issues of “national security”. It would involve “intelligence” being
assessed by a judge in the absence of Mr McCafferty or his lawyers.

The application for a secret court in Mr McCafferty’s case will be one
of the first of its kind in Ireland.

At the High Court this week, Mr McCafferty’s lawyer, Paul Pierce of KRW
Law, said: “The state is clearly reluctant to disclose the evidence in
these cases, which is why they are seeking to hide behind these type of
proceedings.

“The fact that our clients or even their lawyers are not given access to
this evidence must raise serious questions about the fairness of any
hearing from which we will be excluded.”

FAMILY ANGUISH

Meanwhile, the family of another republican currently imprisoned in
similar circumstances have spoken of the devastating impact his
internment has had on his wife and children.

The family of Derry man Tony Taylor (right) described how he was lifted without
explanation while on a family outing to a shopping centre on March 10.

In a statement, they told how the family car was suddenly stopped and
surrounded by police cars, and Mr Taylor was taken away without any
explanation given.

“Tony’s young family which includes two teenage girls and his son, who
has physical and mental disabilities and also suffers from epilepsy,
were seriously traumatised by this experience,” they said.

“His arrest and his continued absence are having a devastating impact on
his family. Tony’s son’s disability means he is totally dependent on his
mother, who herself is physically and emotionally drained both because
of her husband’s detention and his long-term absence from the family.

“To date, there has been no allegation of wrongdoing let alone evidence
put to Tony by the authorities to explain his continued imprisonment.
The decision to jail Tony has been taken by the British Secretary of
State, Teresa Villiers, based on unaccountable intelligence supposedly
provided by the security services. This is an abuse of power,
undemocratic and an infringement of human rights.”

So far Mr Taylor’s legal team have successfully argued that the decision
made by Ms Villiers on 9 March 2016 was unlawful. Detention in the
absence of lawful authority is contrary to Article 5 of the European
Convention and the common law right to liberty of the person.

“Tony still remains in custody,” they said. “To date no evidence or
explanation has been presented by either the PSNI or the NIO to Tony
Taylor or his legal representatives to justify his detention. This is
internment by any definition.

“First and foremost Tony is a husband and father to three young
children. He also spends much of his time looking after his elderly
parents. The Taylors are a highly respected Republican family.

“Tony, as a Republican ex-prisoner, upon his release has devoted himself
to his family but has also through his community work lobbied on behalf
of Republican prisoners held in Maghaberry Jail. He is a member of the
Republican Network for Unity, a legal political party. He believes his
arrest is linked to his political beliefs and his peaceful work on
behalf of Republican prisoners.

“We believe this injustice being inflicted on Tony Taylor, who is
innocent of any wrongdoing, should be opposed by all politicians, human
rights organisations, churches and all those who believe in
accountability of unelected bodies and structures within a democratic
society.”